grandfather clause (Maryland) · Go Syfert
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grandfather clause in Maryland

8 Maryland opinions name it 3 courts 1957–2007 0 in the last five years

The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Burke v. Spring Lake Board of Adjustmentgreen
njsuperctappdiv · 1958 · cited in 1 Maryland opinions naming this issue, 2007–2007
1 sentence

2007Id. at 793 (Italics in the original; boldface added.) As in Burke , we believe the grandfather clause in § 304 was meant to limit the construction of residences on undersized lots when a landowner possesses a contiguous, vacant or undeveloped parcel of property.

11
Bell v. Valdezgreen
scotus · 2000 · cited in 1 Maryland opinions naming this issue, 2006–2006
1 sentence

2006See, e.g., United States v. Mitchell, 209 F.3d 319 , 322-23 (4 th Cir.), cert. denied, 531 U.S. 849 (2000) (disqualification in federal firearms law related to domestic violence conviction could be applied to defendant without violating Ex Post Facto clause, even though defendant's conviction and original receipt of firearm both preceded addition of that disqualification to the law).

11
United States v. Winston Eugene Mitchell, Sr.green
ca4 · 2000 · cited in 1 Maryland opinions naming this issue, 2006–2006
1 sentence

2006See, e.g., United States v. Mitchell, 209 F.3d 319 , 322-23 (4 th Cir.), cert. denied, 531 U.S. 849 (2000) (disqualification in federal firearms law related to domestic violence conviction could be applied to defendant without violating Ex Post Facto clause, even though defendant's conviction and original receipt of firearm both preceded addition of that disqualification to the law).

11
City of New Orleans v. Dukesgreen
scotus · 1976 · cited in 1 Maryland opinions naming this issue, 1977–1977
2 sentences

1977See City of New Orleans v. Dukes, 427 U. S. 297, 303-306 , 96 S. Ct. 2513, 2516-2518 , 49 L.Ed.2d 511 (1976), for a recent case finding a rational basis for a grandfather clause.

1977See City of New Orleans v. Dukes, 427 U. S. 297, 303-306 , 96 S. Ct. 2513, 2516-2518 , 49 L.Ed.2d 511 (1976), for a recent case finding a rational basis for a grandfather clause.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
United States v. Contract Steel Carriers, Inc. green
scotus · 1956
2 sentences

1974In United States v. Contract Steel Carriers, 350 U.S. 409 , 100 L.Ed. 482 , the Supreme Court affirmed a reversal by a three-judge District Court of an order of the Interstate Commerce Commission which had changed the status of a carrier of certain steel items from contract to common, although the carrier served sixty-nine shippers under contract and actively solicited more business.

1957In United States v. Contract Steel Carriers, 350 U. S. 409 , 100 L.

21957–1974
American Radio-Telephone Service, Inc. v. Public Service Commission green
mdctspecapp · 1976
1 sentence

1982The events following remand were detailed in this Court’s opinion in American Radio-Telephone Service, Inc. v. Public Service Commission of Maryland, 33 Md.

11982–1982
O. C. Taxpayers for Equal Rights, Inc. v. Mayor of Ocean City green
md · 1977
2 sentences

1981Taxpayers v. Ocean City, 280 Md. 585, 595 , 375 A.2d 541 (1977) (pointing out that "a grandfather clause is justified [on equal protection grounds] by some rationale other than merely conferring a benefit on some to the exclusion of others.”).

1981Taxpayers v. Ocean City, 280 Md. 585, 595 , 375 A.2d 541 (1977) (pointing out that "a grandfather clause is justified [on equal protection grounds] by some rationale other than merely conferring a benefit on some to the exclusion of others.”).

11981–1981
Alton Railroad v. United States green
· 1942
2 sentences

1974On the other hand, in Alton Railroad Company v. United States, 315 U.S. 15 , 86 L.Ed. 586 , one a contract carrier under Oregon law was held properly granted an Interstate Commerce Commission certificate as a common carrier under a grandfather clause that required "bona fide" operation in a state in the status granted.

1974On the other hand, in Alton Railroad Company v. United States, 315 U.S. 15 , 86 L.Ed. 586 , one a contract carrier under Oregon law was held properly granted an Interstate Commerce Commission certificate as a common carrier under a grandfather clause that required "bona fide" operation in a state in the status granted.

11974–1974
Williamson v. Lee Optical of Oklahoma, Inc. green
scotus · 1955
1 sentence

1964In Williamson v. Lee Optical Co., 348 U. S. 483 , the Supreme Court upheld against challenge under the Due Process Clause of the Fourteenth Amendment a provision of a state statute making it unlawful for an optician to fit or duplicate lenses without a prescription from an opthalmologist or optometrist.

11964–1964
People v. Western Fruit Growers green
cal · 1943
2 sentences

1964In Accounting Corp. of America v. State Board of Accountancy, 34 Cal. 2d 186 , 208 P. 2d 984 , that court held a grandfather clause in a statute regulating the practice of accounting to be invalid, but stated that “[i]t is not intended to imply that the legislature is prevented from including in a class only those engaged in a pursuit on a given date, and making no provision for augmentation of the class, for ‘The Legislature, in adopting a policy, may adapt legislation to an existing situation.’ ” In People v. Western Fruit Growers, 22 Cal. 2d 494, 140 P. 2d 13 , the court sustained a *116 pr

1964In Accounting Corp. of America v. State Board of Accountancy, 34 Cal. 2d 186 , 208 P. 2d 984 , that court held a grandfather clause in a statute regulating the practice of accounting to be invalid, but stated that “[i]t is not intended to imply that the legislature is prevented from including in a class only those engaged in a pursuit on a given date, and making no provision for augmentation of the class, for ‘The Legislature, in adopting a policy, may adapt legislation to an existing situation.’ ” In People v. Western Fruit Growers, 22 Cal. 2d 494, 140 P. 2d 13 , the court sustained a *116 pr

11964–1964
Accounting Corp. of America v. State Board of Accountancy green
cal · 1949
2 sentences

1964In Accounting Corp. of America v. State Board of Accountancy, 34 Cal. 2d 186 , 208 P. 2d 984 , that court held a grandfather clause in a statute regulating the practice of accounting to be invalid, but stated that “[i]t is not intended to imply that the legislature is prevented from including in a class only those engaged in a pursuit on a given date, and making no provision for augmentation of the class, for ‘The Legislature, in adopting a policy, may adapt legislation to an existing situation.’ ” In People v. Western Fruit Growers, 22 Cal. 2d 494, 140 P. 2d 13 , the court sustained a *116 pr

1964In Accounting Corp. of America v. State Board of Accountancy, 34 Cal. 2d 186 , 208 P. 2d 984 , that court held a grandfather clause in a statute regulating the practice of accounting to be invalid, but stated that “[i]t is not intended to imply that the legislature is prevented from including in a class only those engaged in a pursuit on a given date, and making no provision for augmentation of the class, for ‘The Legislature, in adopting a policy, may adapt legislation to an existing situation.’ ” In People v. Western Fruit Growers, 22 Cal. 2d 494, 140 P. 2d 13 , the court sustained a *116 pr

11964–1964

Where else courts name it

CA 25 (1962–2024) NM 16 (1998–2021) PA 16 (1942–2026) TN 15 (1976–2013) TX 12 (1963–2011) OH 12 (1990–2025) FL 12 (1963–2010) MA 9 (1949–2009) ME 9 (1970–2015) NH 9 (1979–2006) VA 9 (1975–2022) IL 8 (1955–2025) MD 8 (1957–2007) IN 7 (1989–2013) AL 6 (1977–1998) MI 6 (1973–2021) NJ 6 (1969–2002) WI 5 (1986–2021) MS 5 (1963–2018) NY 5 (1973–1992) LA 5 (1979–2005) GA 5 (1988–2023) WV 4 (1990–2026) NC 4 (1952–1997) WA 3 (2006–2007) OR 3 (1976–2022) MT 3 (1934–1982) MN 3 (1979–1995) VT 3 (2005–2021) KY 2 (1992–1999) NV 2 (1983–1994) CT 2 (1988–2012) SC 2 (1975–2020) WY 2 (2005–2014) OK 2 (1968–2003)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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